Proposed change to low-cost spay/neuter clinic rules draws public ire

Carolyn Tittle prepares a cat for surgery at the Alabama Spay/Neuter Clinic on Crestwood Boulevard. The State Veterinary Board is considering new regulations that could cause the nonprofit clinic others like it in the state that spay and neuter to shut down. The board is considering whether to change the rules which state that all the equipment in clinics must be owned by a vet. (Tamika Moore/The Birmingham News)

MONTGOMERY, Alabama -- Shelter directors, animal advocates and veterinarians packed a state board meeting this morning to protest proposed rules they said would effectively shut down nonprofit spay/neuter clinics across the state.

The crowd got boisterous at times with people shouting "amen" as speakers said that shutting the clinics down would cause an animal explosion in a state already struggling with a severe animal overpopulation problem.

Mark Nelson, executive director of Alabama Spay/Neuter, said it is the unwanted litters that will suffer if the clinics close.

"They'll end up starving. They'll end up euthanized in shelters," Nelson said.

The Alabama State Board of Veterinary Medical Examiners is considering a rule that, among other things, would bar non-veterinarians from providing facilities, equipment or medications for use by a veterinarian.

The non-profit clinics typically have their own facilities and equipment, and contract with veterinarians to provide surgeries that would otherwise be more costly.

The public hearing was overwhelmingly one-sided with passionate speakers against the rules and no speakers in favor of them.

"What you are going to do is create an animal explosion in this state," said William Mudd, a lawyer for the Greater Birmingham Humane Society.

"It's illegal. It's wrong. It's self-serving," Mudd said.

Mudd said that the board, in his opinion, is trying to change the law with the rule change, which is outside its authority.

Rea Cord of the Elmore County Humane Society said,"These clinics are the best antidote to mass euthanasia resulting from overpopulation."

Board members and staff have so far been reticent about the purpose of the rules.

But the wording of proposed rules suggest the purpose of making sure that veterinarians, and not lay people, are in charge of all decisions that could impact an animal's health.

Veterinarians at two of the clinics told the board that they alone make medical decisions at the facilities.

Nelson said the clinics have no quality issues and the board already has
"all the power in the world" to shut them down if they did.

The clinics have disputed that they are competition for veterinarians saying they provide one service out of an animal's lifetime and largely help people who otherwise couldn't afford to have their animals spayed and neutered.

Tracy Tucker Colvin of Moody said the clinic prices allow her to rescue dogs. The single mother said she couldn't do that if she was paying prices at a full-service veterinarian.

"This is all about greed," Colvin said.

The board met in executive session for a time around noon to get advice from their attorney. Alabama's open meetings law allows state boards to meet behind closed doors to discuss pending litigation or litigation that is expected imminently if a particular course of action is taken.